6 CRR-NY 190.8NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

CHAPTER II. LANDS AND FORESTS

PART 190. USE OF STATE LANDS

STATE LANDS GENERALLY

6 CRR-NY 190.8

6 CRR-NY 190.8

190.8 General.

(a) The use of State lands or any structures or improvements thereon for private revenue or commercial purposes is prohibited, except as authorized by section 190.7 of this Title and Environmental Conservation Law, sections 9-0505, 9-0507 and article 11. This subdivision does not apply to the exercise of rights of fee owners of private lands subject to conservation easements.

(b) Except in an emergency, no mechanically propelled vessel equipped with living quarters shall be anchored or moored to (1) State land above water except under permit from the department, or (2) State land under water for a period in excess of 24 hours. The permit and the 24-hour period referred to hereinabove may be terminated by the department in the event that the vessel operator fails to comply with any provision of the Navigation Law of the State of New York or any rule or regulation adopted pursuant thereto, or anchors, moors, or otherwise maintains such vessel in such a manner as to create a hazard to navigation.

(c) No boat of any kind shall be tied up or otherwise fastened to any State dock so as to prevent free access to such structure.

(d) The use of toboggans, sleds and snowmobiles on ski trails and ski slopes is prohibited.

(e) Any tent or other camping structure left unoccupied for more than 48 hours may be taken down or removed by the department.

(f) The sale of all alcoholic beverages is prohibited on all State lands at any time except by concessionaires and then only when such sales are provided for in concession agreements.

(g) No person shall deface, remove, destroy or otherwise injure in any manner whatsoever any tree, flower, shrub, fern, fungi or other plant like organisms, moss or other plant, rock, soil, fossil or mineral or object of archaeological or paleontological interest found or growing on State land, except for personal consumption or under permit from the Commissioner of Environmental Conservation and the Commissioner of Education, pursuant to section 233 of the Education Law.

(h) Gambling for money or any other valuable thing upon any State land is prohibited.

(i) No person shall erect or post any notice or sign upon State land at any time.

(j) No person shall, while on State land or waters under the jurisdiction of the department:

(1) intentionally obstruct, prevent or attempt to prevent any officers or employees of the department from performing their legal duties, by means of intimidation, physical force, interference or disobedience of any lawful order or by means of any independently unlawful act;

(2) intentionally expose the private or intimate parts of his or her body in a lewd manner;

(3) obstruct vehicular or pedestrian traffic with intent to cause public inconvenience, annoyance or alarm, or recklessly create a risk;

(4) engage in fighting or violent, tumultuous or threatening behavior; or

(5) engage in any other activity which violates the Penal Law.

(k) No person shall operate a vehicle on any State truck trail or road maintained by the Department of Environmental Conservation on State reforestation areas at a speed in excess of 25 miles per hour.

(l) No motor vehicle towing, pushing, or hauling a trailer will be permitted access to the Fourth Lake picnic area. The launching of boats other than those carried on cartops is prohibited.

(m) Use of motor vehicles on State land under the jurisdiction of the Department of Environmental Conservation outside the forest preserve is prohibited, except where specifically permitted by posted notice or by permit issued by the department. Use of motor vehicles within the forest preserve is governed by Part 196 of this Chapter.

(n) The riding, driving or leading of horses will be permitted anywhere on State lands under the jurisdiction of the Department of Environmental Conservation unless otherwise prohibited by law, regulation, posted notice or this subdivision. No person shall ride or permit a horse on:

(1) land devoted to intensively developed facilities, such as boat launch sites, day use areas, campsites, ski centers, education centers, fish hatcheries, game farms or headquarters complexes, and lands managed for public safety, such as flood control levees;

(2) foot trails, except where such trails are part of a publicly maintained road, or are specifically designated to allow travel by horses thereon; and

(3) designated snowmobile trails and cross-country ski trails that are covered with ice or snow.

(o) No person shall use any portion of State lands for agricultural purposes, including but not limited to the grazing of cattle or domestic animals of any kind thereon, unless he has obtained a permit from the department.

(p) No person shall fail to comply with the instructions contained on a sign of the Department of Environmental Conservation.

(q) Unless accompanied by a parent or guardian, no person under 21 years of age shall possess alcoholic beverages. Persons age 21 or over who possess alcoholic beverages must produce adequate identification and proof of age upon demand of any peace or police officer.

(r) No person shall operate or possess a snowmobile on forest access roads, truck trails, roads, trails or other areas on State lands outside of the forest preserve which are posted or designated by the department as closed to snowmobile use.

(s) No person shall operate or possess a bicycle on forest access roads, truck trails, roads, trails or other areas on State lands outside of the forest preserve which are posted or designated by the department as closed to bicycle use.

(t) Operation of mechanically propelled vessels.

(1) No person shall operate or possess a mechanically propelled vessel other than an electric powered vessel on State lands outside the forest preserve on the following bodies of water:

UTM Coordinates

County

State Land

Water Body

East

North

Quad

Region 3

Dutchess

West Mountain State Forest (SF)

Blackberry Pond

614671

4608789

Pawling, Dover Plains, Verbank & Poughquag

Orange

Stewart SF

Beaver Pond

567672

4591920

Maybrook

Orange

Stewart SF

Restoration Pond

567041

4592043

Maybrook

Orange

Stewart SF

Rowe's Pond

566109

4591959

Maybrook

Orange

Stewart SF

Stick Pond

567133

4594384

Maybrook

Orange

Stewart SF

Pittman-Robertson Pond

569356

4594408

Maybrook

Orange

Stewart SF

Wilkens Pond

567762

4594473

Maybrook

Putnam

White Pond Multiple Use Area (MUA)

White Pond

606593

4592021

Poughquag & Lake Carmel

Putnam

California Hill SF

Waywayanda Lake

601402

4588380

Oscawana Lake

Sullivan

Hickok Brook SF

Hickok Brook Pond

510497

4594568

Highland Lake & Eldred

Region 4

Columbia

Beebe Hill SF

Barrett Pond

625746

4688111

State Line

Region 6

Lewis

Bonaparte's Cave SF

Green Pond

470119

4890100

Lake Bonaparte & Harrisville

Lewis

Bonaparte's Cave SF

Duck Pond

470316

4889752

Harrisville

Lewis

Bonaparte's Cave SF

Mud Pond

470711

4889576

Harrisville

Oneida

Big Brook SF

Johnny Smith Pond

442498

4808902

Florence

Oneida

Albert J. Woodford SF

Chittning Pond

474260

4751058

Cassville

Region 7

Broome

Nanticoke Lake MUA

Nanticoke Lake

410712

4687400

Lisle

Cayuga

Bear Swamp SF

Bear Swamp

393547

4733740

Sempronius

Cayuga

Frozen Ocean SF

Frozen Ocean Pond West

383367

4738897

Owasco

Chenango

Genegantslet SF

Balt Pond

436172

4696053

Smithville Flats

Chenango

Long Pond SF

Round Pond

430942

4694538

Smithville Flats

Chenango

McDonough SF

Kopak's Pond

442482

4707412

East Pharsalia

Chenango

McDonough SF

Whaley Pond

442452

4708923

East Pharsalia

Chenango

Whaupaunaucau SF

Jeffrey's Pond

461480

4717604

Holmesville

Cortland

Gee Brook SF

Calico Pond

422675

4708894

Cincinnatus

Madison

Charles E. Baker SF

Woodland Pond

469210

4734506

Hubbardsville

Onondaga

Morgan Hill SF

Shackham Pond

417573

4738216

Tully

Onondaga

Morgan Hill SF

Spruce Pond

416026

4739101

Tully

Tioga

Oakley Corners SF

Oakley Corners Pond

404195

4669050

Newark Valley

Tioga

Oakley Corners SF

Oakley Corners Pond South

404158

4668437

Newark Valley

Tompkins & Cortland

Robinson Hollow SF

Tri-County Pond

396864

4695960

Dryden

Region 8

Livingston

Ossian SF

Evergreen Pond

268500

4708247

Canaseraga

Steuben

Birdseye Hollow SF

Birdseye Hollow Pond

322949

4693357

Savona

Steuben

Birdseye Hollow SF

Sanford Lake

320620

4688847

Savona

Steuben

Cameron SF

Cameron Pond

301934

4679191

Cameron

Steuben

Cameron SF

Unnamed

301240

4680940

Towlesville

(2) No person shall operate an inboard or outboard motor rated at greater than 25 horsepower on State lands outside the forest preserve on the following body of water:

UTM Coordinates

County

State Land

Water Body

East

North

Quad

Region 7

Chenango

Long Pond SF

Long Pond

430390

4696715

Smithville Flats

(u) No person shall enter or remain upon or use any forest access road, truck trail, road, trail, facility or any other area on State lands that are posted or designated by the department as closed to public use.

(v) No person shall set, light, use or maintain a fire or campfire of any kind on State lands which are posted or designated by the department to prohibit campfires. Under no circumstances are campfires allowed on any forest access road, truck trail, road, trail or parking area on State lands.

(w) No person shall erect, construct, install, maintain, store, discard or abandon any structure or any other property on State lands or subsequently use such structure or property on State lands, except if the structure or property is authorized by the department or is:

(1) a geocache that is labeled with the owner’s name and address and installed in a manner that does not disturb the natural conditions of the site or injure a tree;

(2) a camping structure or equipment that is placed and used legally pursuant to this Part;

(3) a legally placed trap or appurtenance that is placed and used during trapping season;

(4) a tree stand or hunting blind that does not injure a tree, is properly marked or tagged with the owner’s name and address or valid hunting or fishing license number, and is placed and used during big game season, migratory game bird season, or turkey season; or

(5) a wildlife viewing blind or stand that is placed for a duration not to exceed 30 days in one location per calendar year, does not injure a tree, and is properly marked or tagged with the owner's name and address or valid hunting or fishing license number.

(x) On State lands, no person shall erect, construct, occupy or maintain any structure that is affixed to a tree by nails, screws or other means that injure or damage the tree except as otherwise authorized by the department.

(y) No person shall erect, construct, maintain, occupy or use any tree stand that is used, operated, accessed or reached by methods or means which injure or damage a tree on State lands, and no person shall gain access to any structure in a tree on State lands by means that injure or damage the tree.

(z) No person shall drive a trailer or motor vehicle, including the wheels thereof, into a body of water to launch or retrieve a vessel on State lands which the department has posted or designated as closed to trailer launching of boats.

(aa) The commissioner may prohibit campfires or the use of liquid or gaseous fuel camping stoves or lamps on State lands during periods of high fire danger.

(ab) No person shall possess breakable targets, including but not limited to clay pigeons, on State lands and no person shall target shoot at breakable targets, including but not limited to clay pigeons and glass containers, on State lands. Unless legally engaged in the act of hunting, no person shall discharge firearms on State lands posted or designated as closed to target shooting.

(ac) On State lands, no person shall sponsor, conduct or participate in any organized event of more than 20 people unless otherwise authorized by the department. Examples of organized events include, but are not limited to: sponsored hikes; archery and fishing tournaments; snowmobile, bicycle, horse and orienteering races, runs, rides or competitions (including biathlons and triathlons); encampments; and re-enactments.

(ad) No person shall sponsor, conduct or participate in any research project on State lands except under permit from the department. Examples of research include, but are not limited to, population studies, collection of scientific samples, placement of scientific instruments, seismic exploration and archaeological studies. This subdivision shall not apply to bird population data collection such as, but not limited, to Audubon Christmas Bird Count, the USGS Breeding Bird Survey and Cornell Lab of Ornithology's e-Bird database; nor shall it apply to any other research exempted by the department in writing on a case by case basis.

(ae) On State lands, no person shall sponsor, conduct or participate in: advertising, weddings, commercial film making activities or film making activities that exclude other public use of the area, and other similar events, except under permit from the department.

(af) No person shall possess paint balls or paint ball guns on State lands, and no person shall sponsor, conduct or participate in any activities associated with the discharging of paint balls on State lands.